52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work
Source: FAR 52.222-5 on acquisition.gov
Contractors must notify the Government and request appropriate wage determinations when performing construction work at secondary sites to ensure compliance with wage rate requirements.
Overview
FAR 52.222-5 requires offerors on construction contracts to notify the Government if they plan to perform work at any secondary site of the work, as defined in FAR 52.222-6. If the offeror is unsure whether a location qualifies as a secondary site, they must seek clarification from the Contracting Officer. Additionally, if the wage determination for the primary site does not apply to the secondary site, the offeror must request a separate wage determination. Importantly, the deadline for submitting offers will not be extended due to such requests.
Key Rules
- Notification Requirement
- Offerors must inform the Government if work will be performed at a secondary site of the work.
- Clarification Requests
- If uncertain about a site's status, offerors must request a determination from the Contracting Officer.
- Wage Determination Requests
- Offerors must request a wage determination for secondary sites if the primary site’s wage determination does not apply.
- No Extension of Offer Due Date
- Requests for wage determinations do not extend the offer submission deadline.
Responsibilities
- Contracting Officers: Respond to requests for site status and wage determinations.
- Contractors/Offerors: Notify the Government about secondary sites, seek clarifications, and request wage determinations as needed.
- Agencies: Ensure compliance with wage determination requirements for all work sites.
Practical Implications
- Ensures proper wage rates are applied at all construction sites, including secondary locations.
- Contractors must proactively communicate with the Government regarding work locations and wage determinations.
- Failure to comply can result in wage violations or disqualification from award.
As prescribed in 22.407(h), insert the following provision:
Construction Wage Rate Requirements-Secondary Site of the Work (May 2014)
(a)
(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.
(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.
(b)
(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.
(2) The due date for receipt of offers will not be extended as a result of an offeror’s request for a wage determination for a secondary site of the work.
(End of provision)